al masri is scheduled to be in court today. what's the latest we're hearing about that. >> reporter: supposed to be his first proceeding through the legal system, timing not known yet. this is in downtown manhattan not far from the scene of 9/11, and the defendant has been praise worthy of what occurred on september 11th, 2001, and he's also been accused as dan rivers talked about on those 11 terror related charges in the uk of inciting violence and terrorism. he did not want to come here, neither did the four other men who flew in on two planes at 2:30 in the morning eastern time. they feared conditions in prison here in the united states, his attorneys in the uk said he's not well, he's got very physical and emotional other issues. >> meantime one of the other suspects, the father of that other suspect says that his son is innocent. just take a listen to what he had to tell cnn earlier. >> i'm disappointed because i thought we lived in a democratic country and we have got the best legal system in the world. i thought that i w